Ombudsman for Individuals with Intellectual or Developmental Disabilities and Their Families

Website title banner for the Legal and Advocacy Resources page shows a rectangular graphic. The graphic is split in the center of the rectangle diagonally; the left side of the graphic is a close-up of the U.S. flag, focusing on the section of the flag where the blue, red, and white meet. The bottom two rows of white stars are visible, as well as two white stripes and one red stripe. The right side of the rectangular graphic is a close-up of the NJ State flag, focusing on the section of the flag where you can see the right portion of the NJ State Seal and the gold background. The sections of the NJ State Seal that are visible are: the bottom half of the brown horse head, the full yellow and red knight’s helmet, the top of the blue shield, the torso of Liberty in an orange tunic, and the torso and head of Ceres. Ceres is wearing a red tunic and has a crown made of a bundle of wheat spikes. Ceres is holding a cornucopia in her left hand.

Legal Status Resources

Mother with long brown hair holds son on her lap, sitting at a table. The mother has a long-sleeved black shirt on. The son is between 6 and 10 years old, has short blonde hair, and is wearing a long-sleeved blue and white striped shirt. On the table there is a coffee cup and a saucer. To the right of the mother and son, there is a potted plant with green leaves

When families of individuals with disabilities are planning for the transition to adulthood, it is important to consider legal status. This page provides information about the different options available and resources to guide a family through the process.

New Jersey State Government Resources

NJ Judiciary

The NJ Judiciary is one of three branches of state government. This branch is constitutionally responsible for ensuring that legal disputes are resolved fairly to preserve the rule of law and protect the rights guaranteed by both the US and NJ constitutions. The NJ court system includes the Supreme Court, the Superior Court, the Tax Court, and the Municipal Courts.

NJ County Surrogate Offices – Guardianship Matters

The NJ County Surrogate Offices' duties include the probating of wills, appointing of estate administrators, supervising the appointment of legal guardians for disabled individuals, and adoptions.

Guardianship:

If a person cannot or can no longer make or communicate safe or sound decisions for themselves or about their property, or they are susceptible to fraud, guardianship is a legal process that can be considered. Because establishing a guardianship may remove considerable rights from an individual, it should only be considered after alternatives to guardianship have proven ineffective or are unavailable. The NJ Superior Court can assign a guardian to care for an adult who cannot care for themselves. Information regarding how to perform the duties of a guardian can be found in the NJ Courts Guardian Self-Help resource.

Types of Guardianship:

Guardianship of the person and estate - The guardian is responsible for the individual's healthcare and financial management. This applies when the ward also has assets that qualify as an estate.
Guardianship of the person only - This applies when the ward needs to be looked after but does not have assets to manage.
Guardianship of the estate only - The guardian only manages the ward's financial affairs.

Steps to Guardianship:

The Civil Division, Superior Court, works with county surrogates in guardianship cases. The initial guardianship request is filed with the county surrogate's office. A Superior Court judge then hears and decides on the case. If incapacitation is determined, the court-appointed guardian must qualify with the county surrogate.

NJ Courts Guardianship Monitoring Program

The NJ Courts Guardianship Monitoring Program tracks and reports guardian actions to help prevent abuse and neglect. The NJ Courts Guardianship Monitoring Program does this through qualified volunteers who review guardian reports and records to check for inconsistencies that could signal abuse.

Alternatives to Guardianship:

Power of Attorney:

Allows the young adult to appoint an individual to make decisions on their behalf. The young adult must be able to understand that the appointed person will make the decisions and must be able to grant consent to do so.

Supported Decision-Making:

Maintains the young adult's decision-making ability with the assistance of an individual or individuals appointed by the young adult. Family members, friends, or professionals may be appointed to serve as their support in making decisions.

Other Community Resources

PLAN NJ:

Planned Lifetime Assistance Network of NJ, Inc. (PLAN|NJ) is a nonprofit that provides guidance for people with disabilities and their families when planning for the future.